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  • Commonwealth v. Roberts

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 301 WDA 2022

    Defendant subject to lifetime registration under prior registration scheme could be convicted of failing to comply with Sex Offender Registration and Notification Act where lifetime obligation continued under the statute and defendant knew he had not updated his registration. Judgment of sentence affirmed.

  • Commonwealth v. Goodco Mech., Inc.

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry: Construction
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 634 WDA 2021

    Trial court held jurisdiction over criminal prosecution for theft by failure to make required disposition of funds based on violations of the Prevailing Wage Act, as only a statute or Supreme Court rule could vest jurisdiction in another court, and the administrative penalties under the PWA did not preempt the imposition of a criminal sentence for theft. Judgment of sentence affirmed.

  • Commonwealth v. Adorno

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 57 MDA 2022

    Trial court erroneously granted suppression motion where police had confirmed location of social media video from the property's owner and only discovered the mistaken identification at the suppression hearing. Order of the trial court reversed, case remanded.

  • Commonwealth v. Perzel

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 182 MDA 2021

    Court rejected Commonwealth's appeal of trial court's decision not to impose restitution in favor of the Commonwealth, where the appeal challenged the discretionary aspects of the sentence rather than the legality of the sentence and the Commonwealth failed to preserve their challenge at the sentencing hearing. Order of the trial court affirmed.

  • United States v. Harris

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5 EAP 2022

    Court responded to a certified question from the third circuit and held that the use or attempted use of physical force was not an element of the crime of aggravated assault under 18 Pa.C.S. §2702(a)(1). Question answered.

  • Law Journal Press | Digital Book

    Pennsylvania Commercial Litigation, Ninth Edition

    Authors: Harry F. Kunselman

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  • Commonwealth v. Swaney

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Cordaro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 919 of 2022

    Defendant was entitled to suppression of narcotics evidence seized from her vehicle where she did not voluntarily consent to a trooper's warrantless nighttime search of the car during a roadside traffic stop to investigate defendant's lack of insurance and an invalid registration. The court granted defendant's motion to suppress evidence and for writ of habeas and dismissed the associated counts in the underlying Information.

  • United States v. Randolph

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Ranjan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:18-CR-257

    Court found one defendant was guilty of wire fraud and accomplice liability in a scheme to defraud insurance companies by constructing fake titles for stolen cars, insuring them, reporting they were damaged in accidents and then leaving them on repair lots where they were intentionally set on fire but government failed to show another defendant was part of any such scheme.

  • Commonwealth v. Johnson

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 792 CAP

    Trial counsel was not ineffective for failing to call expert witnesses or develop and present evidence in support of the defense, where trial counsel had made a strategic choice not to present the identified witnesses and evidence to minimize the gruesome nature of the crime to help defendant avoid the death penalty, given the overwhelming evidence of his guilt. Order of the PCRA court affirmed.

  • Commonwealth v. Gaydos

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2518 of 2021

    Court granted juvenile's petition for transfer to juvenile court on homicide charge where he had no prior record, suffered from anger management issues, and was likely to have a finding of lesser culpability by the jury under a theory of self-defense or imperfect self-defense. Defendant's petition for transfer granted.

  • Rickell v. Bureau of Driver Licensing

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1034 C.D. 2020

    PennDOT erred in suspending driver's operating privileges after guilty plea following revocation of Accelerated Rehabilitative Disposition as suspension statute contemplated two separate, distinct offenses and driver had only one underlying DUI offense. Order of the trial court reversed.